Common use of Financial Condition Covenant Clause in Contracts

Financial Condition Covenant. Permit the Secured Leverage Ratio as at the last day of any period of four (4) consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to exceed the ratio set forth below opposite such fiscal quarter ending on the following dates: Fiscal Quarter Secured Leverage Ratio September 30, 2011 4.25 to 1.00 December 31, 2011 4.25 to 1.00 March 31, 2012 4.00 to 1.00 June 30, 2012 3.85 to 1.00 September 30, 2012 3.85 to 1.00 December 31, 2012 3.75 to 1.00 March 31, 2013 3.50 to 1.00 June 30, 2013 3.50 to 1.00 September 30, 2013 3.25 to 1.00 December 31, 2013 3.25 to 1.00 March 31, 2014 3.25 to 1.00 Fiscal Quarter Secured Leverage Ratio June 30, 2014 3.00 to 1.00 September 30, 2014 3.00 to 1.00 December 31, 2014 2.75 to 1.00 March 31, 2015 2.75 to 1.00 June 30, 2015 2.75 to 1.00 September 30, 2015 2.75 to 1.00 December 31, 2015 2.50 to 1.00 March 31, 2016 2.50 to 1.00 June 30, 2016 2.50 to 1.00 September 30, 2016 2.50 to 1.00 December 31, 2016 2.50 to 1.00 March 31, 2017 2.50 to 1.00 June 30, 2017 2.50 to 1.00 September 30, 2017 2.50 to 1.00 December 31, 2017 2.50 to 1.00 March 31, 2018 2.50 to 1.00 June 30, 2018 2.50 to 1.00

Financial Condition Covenant. Permit the Secured Leverage Ratio as at the last day of any period of four (4) consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to exceed the ratio set forth below opposite such fiscal quarter ending on the following dates: Fiscal Quarter Secured Leverage Ratio September 30, 2011 4.25 to 1.00 December 31, 2011 4.25 to 1.00 March 31, 2012 4.00 to 1.00 June 30, 2012 3.85 to 1.00 September 30, 2012 3.85 to 1.00 December 31, 2012 3.75 to 1.00 March 31, 2013 3.50 to 1.00 June 30, 2013 3.50 to 1.00 September 30, 2013 3.25 to 1.00 December 31, 2013 3.25 to 1.00 March 31, 2014 3.25 to 1.00 Fiscal Quarter Secured Leverage Ratio June 30, 2014 3.00 to 1.00 September 30, 2014 3.00 to 1.00 December 31, 2014 2.75 2.753.00 to 1.00 March 31, 2015 2.75 to 1.00 June 30, 2015 2.75 to 1.00 September 30, 2015 2.75 to 1.00 December 31, 2015 2.50 to 1.00 March 31, 2016 2.50 to 1.00 June 30, 2016 2.50 to 1.00 September 30, 2016 2.50 to 1.00 December 31, 2016 2.50 to 1.00 March 31, 2017 2.50 to 1.00 June 30, 2017 2.50 to 1.00 September 30, 2017 2.50 to 1.00 December 31, 2017 2.50 to 1.00 March 31, 2018 2.50 to 1.00 June 30, 2018 2.50 to 1.00

Financial Condition Covenant. Permit the Secured Consolidated Leverage Ratio as at the last day of any period of four (4) consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending September 30, 2016) to exceed the ratio set forth below opposite such fiscal quarter ending on the following datesquarter: Fiscal Quarter Secured Consolidated Leverage Ratio September 30, 2011 2016 4.75 to 1.00 December 31, 2016 4.75 to 1.00 March 31, 2017 4.75 to 1.00 June 30, 2017 4.75 to 1.00 September 30, 2017 4.50 to 1.00 December 31, 2017 4.50 to 1.00 March 31, 2018 4.50 to 1.00 June 30, 2018 4.50 to 1.00 September 30, 2018 4.50 to 1.00 December 31, 2018 4.50 to 1.00 March 31, 2019 4.50 to 1.00 June 30, 2019 4.50 to 1.00 September 30, 2019 4.25 to 1.00 December 31, 2011 2019 4.25 to 1.00 March 31, 2012 2020 4.25 to 1.00 June 30, 2020 4.25 to 1.00 September 30, 2020 4.00 to 1.00 December 31, 2020 4.00 to 1.00 March 31, 2021 4.00 to 1.00 June 30, 2012 3.85 to 1.00 September 30, 2012 3.85 to 1.00 December 31, 2012 3.75 to 1.00 March 31, 2013 3.50 to 1.00 June 30, 2013 3.50 to 1.00 September 30, 2013 3.25 to 1.00 December 31, 2013 3.25 to 1.00 March 31, 2014 3.25 to 1.00 Fiscal Quarter Secured Leverage Ratio June 30, 2014 3.00 to 1.00 September 30, 2014 3.00 to 1.00 December 31, 2014 2.75 to 1.00 March 31, 2015 2.75 to 1.00 June 30, 2015 2.75 to 1.00 September 30, 2015 2.75 to 1.00 December 31, 2015 2.50 to 1.00 March 31, 2016 2.50 to 1.00 June 30, 2016 2.50 to 1.00 September 30, 2016 2.50 to 1.00 December 31, 2016 2.50 to 1.00 March 31, 2017 2.50 to 1.00 June 30, 2017 2.50 to 1.00 September 30, 2017 2.50 to 1.00 December 31, 2017 2.50 to 1.00 March 31, 2018 2.50 to 1.00 June 30, 2018 2.50 2021 and thereafter 4.00 to 1.00

Financial Condition Covenant. Permit the Secured Consolidated Leverage Ratio as at the last day of any period of four (4) consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending September 30, 2014) to exceed the ratio set forth below opposite such fiscal quarter ending on the following datesquarter: Fiscal Quarter Secured Consolidated Leverage Ratio September 30, 2011 2014 4.75 to 1.00 December 31, 2014 4.75 to 1.00 March 31, 2015 4.75 to 1.00 June 30, 2015 4.75 to 1.00 September 30, 2015 4.50 to 1.00 December 31, 2015 4.50 to 1.00 March 31, 2016 4.50 to 1.00 June 30, 2016 4.50 to 1.00 September 30, 2016 4.50 to 1.00 December 31, 2016 4.50 to 1.00 March 31, 2017 4.50 to 1.00 June 30, 2017 4.50 to 1.00 September 30, 2017 4.25 to 1.00 December 31, 2011 2017 4.25 to 1.00 March 31, 2012 2018 4.25 to 1.00 June 30, 2018 4.25 to 1.00 September 30, 2018 4.00 to 1.00 December 31, 2018 4.00 to 1.00 March 31, 2019 4.00 to 1.00 June 30, 2012 3.85 to 1.00 September 30, 2012 3.85 to 1.00 December 31, 2012 3.75 to 1.00 March 31, 2013 3.50 to 1.00 June 30, 2013 3.50 to 1.00 September 30, 2013 3.25 to 1.00 December 31, 2013 3.25 to 1.00 March 31, 2014 3.25 to 1.00 Fiscal Quarter Secured Leverage Ratio June 30, 2014 3.00 to 1.00 September 30, 2014 3.00 to 1.00 December 31, 2014 2.75 to 1.00 March 31, 2015 2.75 to 1.00 June 30, 2015 2.75 to 1.00 September 30, 2015 2.75 to 1.00 December 31, 2015 2.50 to 1.00 March 31, 2016 2.50 to 1.00 June 30, 2016 2.50 to 1.00 September 30, 2016 2.50 to 1.00 December 31, 2016 2.50 to 1.00 March 31, 2017 2.50 to 1.00 June 30, 2017 2.50 to 1.00 September 30, 2017 2.50 to 1.00 December 31, 2017 2.50 to 1.00 March 31, 2018 2.50 to 1.00 June 30, 2018 2.50 2019 and thereafter 4.00 to 1.00

Financial Condition Covenant. Permit PermitExcept with the written consent of the Majority Facility Lenders with respect to the Revolving Facility, the Borrower will not permit the Secured Leverage Ratio as at atof the last day of any period of four (4) consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below to exceed the ratio set forth below opposite such fiscal quarter ending on the following dates: :to exceed 4.0 to 1.0; provided that this Section 8.1 shall be in effect (and shall only be in effect) when the sum of (A) the aggregate principal amount of Revolving Loans and Swingline Loans and (B) Letters of Credit (but excluding all Letters of Credit that are Cash Collateralized), in each case, outstanding as of the last day of such period, is greater than 25% of the Revolving Commitments. Fiscal Quarter Secured Leverage Ratio September 30, 2011 4.25 to 1.00 December 31, 2011 4.25 to 1.00 March 31, 2012 4.00 to 1.00 June 30, 2012 3.85 to 1.00 September 30, 2012 3.85 to 1.00 December 31, 2012 3.75 to 1.00 March 31, 2013 3.50 to 1.00 June 30, 2013 3.50 to 1.00 September 30, 2013 3.25 to 1.00 December 31, 2013 3.25 to 1.00 March 31, 2014 3.25 to 1.00 Fiscal Quarter Secured Leverage Ratio June 30, 2014 3.00 to 1.00 September 30, 2014 3.00 to 1.00 December 31, 2014 2.75 3.00 to 1.00 March 31, 2015 2.75 to 1.00 June 30, 2015 2.75 to 1.00 September 30, 2015 2.75 to 1.00 December 31, 2015 2.50 to 1.00 March 31, 2016 2.50 to 1.00 June 30, 2016 2.50 to 1.00 September 30, 2016 2.50 to 1.00 December 31, 2016 2.50 to 1.00 March 31, 2017 2.50 to 1.00 June 30, 2017 2.50 to 1.00 September 30, 2017 2.50 to 1.00 December 31, 2017 2.50 to 1.00 March 31, 2018 2.50 to 1.00 June 30, 2018 2.50 to 1.00

Financial Condition Covenant. Permit the Secured Consolidated Leverage Ratio as at the last day of any period of four (4) consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending September 30, 2013) to exceed the ratio set forth below opposite such fiscal quarter ending on the following datesquarter: Fiscal Quarter Secured Consolidated Leverage Ratio September 30, 2011 2013 5.00 to 1.00 December 31, 2013 5.00 to 1.00 March 31, 2014 5.00 to 1.00 June 30, 2014 5.00 to 1.00 September 30, 2014 4.75 to 1.00 December 31, 2014 4.75 to 1.00 March 31, 2015 4.75 to 1.00 June 30, 2015 4.75 to 1.00 September 30, 2015 4.50 to 1.00 December 31, 2015 4.50 to 1.00 March 31, 2016 4.50 to 1.00 June 30, 2016 4.50 to 1.00 September 30, 2016 4.25 to 1.00 December 31, 2011 2016 4.25 to 1.00 March 31, 2012 2017 4.25 to 1.00 June 30, 2017 4.25 to 1.00 September 30, 2017 4.00 to 1.00 December 31, 2017 4.00 to 1.00 March 31, 2018 4.00 to 1.00 June 30, 2012 3.85 to 1.00 September 30, 2012 3.85 to 1.00 December 31, 2012 3.75 to 1.00 March 31, 2013 3.50 to 1.00 June 30, 2013 3.50 to 1.00 September 30, 2013 3.25 to 1.00 December 31, 2013 3.25 to 1.00 March 31, 2014 3.25 to 1.00 Fiscal Quarter Secured Leverage Ratio June 30, 2014 3.00 to 1.00 September 30, 2014 3.00 to 1.00 December 31, 2014 2.75 to 1.00 March 31, 2015 2.75 to 1.00 June 30, 2015 2.75 to 1.00 September 30, 2015 2.75 to 1.00 December 31, 2015 2.50 to 1.00 March 31, 2016 2.50 to 1.00 June 30, 2016 2.50 to 1.00 September 30, 2016 2.50 to 1.00 December 31, 2016 2.50 to 1.00 March 31, 2017 2.50 to 1.00 June 30, 2017 2.50 to 1.00 September 30, 2017 2.50 to 1.00 December 31, 2017 2.50 to 1.00 March 31, 2018 2.50 to 1.00 June 30, 2018 2.50 and thereafter 4.00 to 1.00

Financial Condition Covenant. Permit the Secured Consolidated Leverage Ratio as at the last day of any period of four (4) consecutive fiscal quarters of the Borrower ending with any fiscal quarter set forth below (commencing with the fiscal quarter ending September 30, 2016) to exceed the ratio set forth below opposite such fiscal quarter ending on the following datesquarter: Fiscal Quarter Secured Consolidated Leverage Ratio September 30, 2011 2016 4.75 to 1.00 December 31, 2016 4.75 to 1.00 March 31, 2017 4.75 to 1.00 June 30, 2017 4.75 to 1.00 September 30, 2017 4.75 to 1.00 December 31, 2017 4.75 to 1.00 March 31, 2018 4.75 to 1.00 June 30, 2018 4.75 to 1.00 September 30, 2018 4.50 to 1.00 December 31, 2018 4.50 to 1.00 March 31, 2019 4.50 to 1.00 June 30, 2019 4.50 to 1.00 September 30, 2019 4.25 to 1.00 December 31, 2011 2019 4.25 to 1.00 March 31, 2012 2020 4.25 to 1.00 June 30, 2020 4.25 to 1.00 September 30, 2020 4.00 to 1.00 December 31, 2020 4.00 to 1.00 March 31, 2021 4.00 to 1.00 June 30, 2012 3.85 to 1.00 September 30, 2012 3.85 to 1.00 December 31, 2012 3.75 to 1.00 March 31, 2013 3.50 to 1.00 June 30, 2013 3.50 to 1.00 September 30, 2013 3.25 to 1.00 December 31, 2013 3.25 to 1.00 March 31, 2014 3.25 to 1.00 Fiscal Quarter Secured Leverage Ratio June 30, 2014 3.00 to 1.00 September 30, 2014 3.00 to 1.00 December 31, 2014 2.75 to 1.00 March 31, 2015 2.75 to 1.00 June 30, 2015 2.75 to 1.00 September 30, 2015 2.75 to 1.00 December 31, 2015 2.50 to 1.00 March 31, 2016 2.50 to 1.00 June 30, 2016 2.50 to 1.00 September 30, 2016 2.50 to 1.00 December 31, 2016 2.50 to 1.00 March 31, 2017 2.50 to 1.00 June 30, 2017 2.50 to 1.00 September 30, 2017 2.50 to 1.00 December 31, 2017 2.50 to 1.00 March 31, 2018 2.50 to 1.00 June 30, 2018 2.50 2021 and thereafter 4.00 to 1.00